Jagminder Singh v. State of Haryana
Case brief
What is this about?
In a criminal revision, the High Court of Punjab and Haryana acquitted the petitioner of rash and negligent driving charges. The Court held that serious investigative flaws, including conflicting arrest dates and the failure to conduct a test identification parade before first court identification, negated the prosecution's case.
What did the court decide?
Revision accepted; conviction and sentence set aside; petitioner acquitted.
What the court decided
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Revision No. 2386 of 2002 Date of Decision : February 05, 2010
Jagminder Singh ....Petitioner
Versus
State of Haryana .....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present: Mr. Jainainder Saini, Advocate for the petitioner.
Ms. Shalini Attri, Deputy Advocate General, Haryana
T.P.S. MANN, J. (Oral)
By way of present revision filed under Section 401 of the Code of Criminal Procedure, the petitioner is challenging his conviction under Sections 279 and 304-A IPC and sentence of rigorous imprisonment for three months and rigorous imprisonment for one year, respectively, as recorded by Judicial Magistrate Ist Class, Karnal, on 19.8.2002 and upheld in appeal by Additional Sessions Judge, Karnal on 3.12.2002.
The facts giving rise to the criminal case against the petitioner are that on 9.9.1993, complainant Jaipal Singh, alongwith his brother Gulab Singh (since deceased) and Attar Singh son of Sarup Singh, went to village Jaisinghpura in order to make payment of the buffaloes. While returning from Jaisinghpura to Safidon, his brother
Issues for consideration
2 issues framed by the court
Whether the benefit of faulty investigation regarding the date of arrest and lack of prior identification parade must be extended to the accused eliminating the value of court identification.
Whether the prosecution has proved its case against the petitioner beyond reasonable doubt due to contradictions in arrest details and absence of procedural compliance.
Parties & counsel
- petitioner
Jagminder Singh
- respondent
State of Haryana
Coram
T.P.S. MANN
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · February
- Registered
- Case no.
- CRR/2386/2002
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